HomeMy WebLinkAboutAngels of Grace Inc - Homeless Prevention and Rapid ReHousingcur a
FRESH REPORT TO THE CITY COUNCIL
154
September 24, 2008
FROM: JOHN DUGAN, Director
Planning and Development Department•
BY: CLAUDIA CAZARES, Manage;3&" r'-a�
Housing and Community Development Division
AGENDA ITEM NO. 9:30arn N'2 A
COUNCIL MEE ING -2409
ATMEHineE
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GREGORY BARFIELD, Homeless Policy and Prevention Manager
SUBJECT RECOMMEND APPROVAL OF FUNDING AWARDS AND SELECTION OF SUB -GRANTEES
FOR THE CITY OF FRESNO'S HOMELESS PREVENTION AND RAPID RE -HOUSING
PROGRAM AS FUNDED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT: ADOPT THE AMENDMENT TO THE FY 2008-2009 ANNUAL ACTION PLAN
TO INCLUDE THE AWARDS: AND AUTHORIZE CITY MANAGER TO SIGN ALL REQUIRED
IMPLEMENTING, AND CONTRACTUAL DOCUMENTS AS APPROVED TO FORM BY THE
CITYATTORNEY
recommends that the City Coundl approve'
1) the funding awards and the selection of sub-imm ess, to provide services as funded by the
Homeless Prevention and Rapid Re -Housing Program (HPRP) grant awatled by the U.S.
Department of Housing and Urban Development (HUD) to the City of Fresno underthe 2000
American Recovery and Reinvestment Act (ARRA), as lgitows: $118,915 to Cent"I California
Legal Services; $278,318 to AspiraNet, $3N OW to Marjaree Mason Center, $398,385 to
WastCare: $400,000 to Fresno County EOC; $258,3111 to Angels of Greco Foster Family
Agency; $1,050,000 to the Housing Autho rty of the City of Fresno- Rapid Re -Housing; and
$20,000 to the Housing Authority of the City of Fresno- HMIS,
2) Adopt the amendment to the FY 2008-2008 Annual Action Plan to include the awards as
specified above.
3) Authorize City Manager to sign all required Implementing, and contractual documents as
approved to form by the City Attorney,
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REPORT TO THE CITY COUNCIL
Approval and Award of HPRP Sub -Grantees
September 24. 2009
MCUTIVE SUMMARY
March 2009 the City was awarded a direct formula allocation of $3,130,745 in HPRP funds based on our
nual receipt of McKinney-Vento Ponds through the Emergency Sheller Grant (ESG) Program. The County of
Beni also received a direct allocation of HPRP funds. Since that time, the City has been wonting in
rinership with the County to administer a collabwadve program for the expenditure of these funds. A joint
y/County Request far Proposals (RFP) was issued on July 15, 2009. The agencies selected for funding are
ental California Legal Services. AspiraNet, Marjaree Mason Center, Wesi for the Sen Joaquin Valley
terans project, Fresno County EOG Sanctuary, Angels of Grace Foster Famtly Agency, Housing Authority at
t City of Fresno for Rapid Re -Housing, and the Housing Authority of the CRY of Fresno for administration of
t Homeless Management Information Systems (HMIS). Services will be provided over a three year term,
d the agencies will provide assistance related to housing of persons at risk of becoming homeless and
mons that are curently homeless, as well as provitle housing relocation and stabilization services such as
Be management and credit repair. The remaining $72,827 will utilized by City staff to provide program
ministration over the three year period.
In response to the national economic crisis, President Obame and Congress passed the American Recovery $
Revitalization Act (ARRA) that allocated approximately $750 billion to fund different programs and projects
aimed at stimulating the economy. Included in the ARRA is $1.5 billion in funding that will be used to provide
affordable housing, services, and jobs for the nation's most vulnerable persons.
Through the American Recovery and Reinvestment Act of 2009 (ARRA) Me City of Fresno was awarded over
$3.13 million of funding under the Homeless Prevention and Rapid Re -Housing Program (HPRPL The County
of Fresno received $1,83 SW. HPRP is intended to provide homeless prevention services to households
threatened to become homeless, and to rapidly re-houea persons who are homeless.
In order to receive the federal funding, jurisdictions were required to submit an application to HUD in May
2008, and amend their Annual Action Plan to Include Me administration of HPRP funtling. The City Cound
approved both on May 14, 2000. As part of Council action, staff requested authorization to collaborate w8h the
County of Fresno in issuing a Joint Request fpr Proposals (RFP), and partner with the County to administer a
regional approach and provide seamless programming and services under HPRP.
The Joint RFP was issued on July 15, 2008, with applications due on August 10, 2008 Each Bill
application was reviewed by a team of City and County members, wall assistance from the Fresno-Madea
Continuum of Care. The recommended agencies, programs, and award amounts, for your approval are as
t Central California Legal Services - $118,915, to provide legal assistance related to housing needs
2. AspiraNet - $278,318, to Provide housing and stabilization services to young adults aging out of foster
care
3, Madams Mason Center- $304,000, to provide housing and stabilization services to victims of domestic
violence
4. WestCare-$398,385, to provide housing and stabilization services to San Joaquin Valley veterans
5. Fresno County EOC-$400,00, to provide housing and stabilization services to individuals and
families
REPORT TO THE CITY COUNCIL
Approval and Award of HPRP Sub -Grantees
Sedember24, 2009
Page 3
8. Angels of Grace Foster Family Agency - $258,301 to provide housing and stabilization services to
young women aging out of foster care
7. City of Fresno Housing Authority - $1,050,000, to provide housing and stabilization services to persons
who are currently homeless throughout Me City
8, City of Fresno Housing Authority- $250,000. to provide administration of HMIS
A total of $72,827 will be utilized by City staff to provide program administration over the three year award A
list of the City awards, and the corresponding County awards for these agencies, Is found In Exhibit A. In
additlon, the County will also be funding two County Departments for provision of services.
The implementation and administration of HPRP activities is set to commence on October 1, 2009 with fully
executed contacts required to be in pace by September 30, 2009. Each contract will be for a term d one
year, wall two year renewals contingent on sulagfartee performance.
Programs to be funded through HPRP include: 1) short and medium term financial assistance, up to 3 months,
and 18 months, respectively. 2) utility payments, 3) moving costs, add 4) hatellmotel vouchers, for up to 301,
days, g no appropriate shelter Lads and rental housing can be identified. In support of persona in need all
housing relocation and stabilization services, the City of Fresno will require sub -grantees to provitle Intense
wrap around services through effective case management. Case Management services will 'include: direct
outreach, housing ant placement assistance', legal services and intervention, credit repair and protective
Payee services, or linkages to mainstream suppor ive services.
Collaborative efforts will continue with the FMCoC and the County of Fresno to ensure HPRP funds are
maximized using all resources including mainstream funding and services available to provide a awamless
service delivery system. As applicants and beneficiar es of HUD Superil funding for Sheller, Shelter Plus
Care, and Supportive Housing Grants, the FMCOC can ad as the crwndull to identify existing homeless sent
and grants received by partners of the group. Identification of the aforementioned information will allow the
City to identify gaps and overlapping services to better disputes funding and impact the creation of long lasting
housing stability for homeless persons and those at risk d becoming homeless. Additionally, local and county
collaboration m essential, as the County has established mental health and other essential services, while the
target population resides mainly within the City limits. Collaborator will allow both governmental entities d
address increased homelessness Nat can arise because of Ma existing economic climate and is a key goal of
tre City of Fresno and County of Fresno's 10 Year Plan to End Chronic Homelessness.
The Housing and Community Development Division will maintain direct program oversight fm HPRP. The
City's Homeless Policy and Prevention Manager will oversee the day -today management of sub -grantees.
The Housing and Community Development Division will work with the Budget and Management Studies
Division SMSD) staff, which has responsibility for other HUD entitlement programs and federal reposing
ItlF4HASIVJfldNi
for these awards are available in the Planning and Development Department's FY 20042010
Exhibit A. List of SubGrentees and recommended funding levels for the City of Fresno
and me County of Fresno
EXHIBIT A
HPRP FUNDING AMOUNTS AND AGENCIES
CITY OF FRESNO AND COUNTY OF FRESNO
Anency
city
County
TOTAL
Centmi CalilomlaL al SeMces
$118915
$29]29
As Net
$290310
$09.5]9
9
Me ree Meson Center
$304000
$900000
WmM ro Cslifomle-Velerens
$380305
5
Fresno EOCSa
$4W000
0
M els of Gre Fo Fame en
$258301
$141133
HousingAuft C' of Fmw
31050000
0
HMIS - Hous) Auft C ICoun
$250000
$150000
Ca. Aswo. Mr the Ph is HaW=
$231591
1Howl
Au8wO8es Fresno Coun
$220598
Dneee of Fmw Cwn
$150W0
150000
TGTAL
$3059,819
$1090030
$1152508
do d.rt.a,rao'n"'nII AGREEMENT
2 THIS AGREEMENT is made and entered into this 25 day of September 209 ("Effective Data°)
3 by and between the CITY OF FRESNO, a municipal corporation of the Slate of California,
4 (hereinafter referred to as "CITY"), and Angels of Grace, Inc. a California Private Non -Profit
5 Organization, (hereinafter referred to as 'SUB GRANTEE').
6 WITNESSETH:
7 WHEREAS, the CITY and the CITY'a of Fresno's Planning and Development Department have
8 been designated as the sponsoring agency to administer and Implement the Homeless Prevention
9 and Rapid ReHousingProgram (HERE) activities of CITY, in accordance with the provisions of One
10 XII of the Federal American Recovery and Reinvestment Act of 2009 and the laws of Vie Stele of
11 California, and
12 WHEREAS, the United States Congress has designated $1.5 billion for communities to provide
13 Menial assistance and services to either prevent individuals and families from becoming homeless,
14 and to help those who are experiencing homelessness to be quickly Gradused and stabilized: and
IS WHEREAS. CITY submitted a substantial amendment on May 18, 2009 to as Fiscal Year
16 2006-2009 Annual Action Plan to Include appropriation of HERE funding: and
12 WHEREAS. SUB GRANTEE has submitted a program plan that will provide homeless
18 prevention worker rapid re -housing services consistent with the intent and purpose of said provisions
19 of Tule XII of the Federal American Recovery and Reinvestment Ad of 2009, and SUB -GRANTEE'S
20 program plan has been approved by CITY.
21 NOW THEREFORE, in consideration of their mutual covenants and conditlons, the parties
22 hereto agree as follows.
23 1. SERVICES
24 A. SUB -GRANTEE shall perform all services and fulfill all responsibilities as set
25 forth in its program plan, attached hereto as Exhibit A, incorporated herein by reference and made part
26 of this Agreement.
27 B. SUB -GRANTEE shall also perform all seMces and fulfill all responsibilities as
28 identified In Joint City of Fresno I County of Fresno's Request for Proposal (RFP) No. 9624726 dated
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July 15. 2009 and Addendum No. One (1) dated July 29, 2009 and Addendum No. Two (2) dated July
31, 2009, (hereinafter calledively referred to as "JOINT CITY I COUNTY Revised RFP") and SUB -
GRANTEES response to said JOINT CITY /COUNTY Revised RFP, dated August 10, 2009, all
incorporated herein by reference and made part of this Agreement. In the event of any inconsistency
among. these documents, the inconsistency shall be resolved by giving precedence In the following
order of priority. 1) to this Agreement. including all Exhibits, 2) to the JOINT CITY/ COUNTY Revised
RFP, 3) to the SUB-GRANTEE's Response to the Revised RFP. A copy of JOINT CITY/ COUNTY'S
Revised PER and SUB-GRANTEE'a response to the JOINT CITYICOUNTY Revised REP shall be
retained and made available during the term of this Agreement by CITY.
C. SUB -GRANTEE shall perform all services following the HUD'S Notice of
Allocations, Application Procedures and Requirements for Homelessness Prevention and Rapid Re
Housing Program Grantees under the Federal American Recovery and Reinvestment Act of 2009 as
released on March 19, 2009 (Docket No. FR -530 N-02) and the Crossed and Clarifications Notice
of June 8, 2009 (Docket No. FR -5307-N-02)
2. TERM
This Agreement shall became off solve on the Effective Data and shall terminate on the 29th
day of September 2010. This Agreement shall be automatically extended for Me (2) additional twelve
(12) month periods upon the same terms and conditions herein set form, unless written notice of non-
renewal is given by SUB -GRANTEE, CITY or City Manager or designee, not tater than sixty (60) days
prior to fine dose of the current Agreement period.
3. TERMINATION
A. NonAllocatedof Funds.—The terns of this Agreement, and the services to be
provided thereunder, is contingent on the approval of funds by the appropriating government agency.
Should sufficient funds not be allocated, the services pmvltletl may be modified or this Agreement
terminated at any time by CRY by giving SUB -GRANTEE thirty (30) days advance written prince.
B. Breach of Contract — CITY, may immediately suspend or terminate this
Agreement in whole or in part where In the determination of the CITY there is'.
I an illegal or improper use of funds',
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2) a failure to comply with any tens of this Agreemen0
3) a substantially Incorrect or incomplete report submitted to CITY; or
4) Improperly performed service.
In no event shall any payment by CITY constitute a waiver by CITY of any breach of this
Agreement or any default. which may then exist on the part of SUB -GRANTEE. Neither shall such
payment impair or prejudice any remedy available to CITY with respect to breach or default. CITY
shall have the right to demand of SUBGRANTEEthe repayment to the CITY of any funds disbursed
to SUB -GRANTEE under this Agreement, which in the judgment of CITY were not expanded in
ccordance with the terms of this Agreement SUBGRANTEEshall promptly refund any such funds
upon demand or,at CITY's option', such repayment shall be deducted from future payments owing to
SUB -GRANTEE under this Agreement.
G. Affect Cause - Under committal other than those set forth above, this
Agreement may be evaluated by CITY or SUB -GRANTEE upon the giving of thirty (30) days
advance written notice of an Intention to. terminate.
4. COMPENSATION IINVOICING
A. CITY agrees to pay SUB -GRANTEE and SUB -GRANTEE agrees to receive
compensation based on actual expenditures incurred by SUB -GRANTEE In accordance with the
budget identified in Exhibit B, attached hereto and by this reference incorporated herein It is
understand that all expenses incidental to SUB-GRANTEEs performance of services under this
Agreement shall be home by SUB -GRANTEE. If SUB -GRANTEE should fail to comply with any
provision of this Agreement. CITY shall be relieved of its obligation for further compensation.
Payments shall be made by CITY to SUB -GRANTEE In arrears, for services provided during
the preceding month Such payment by CITY shall be made within thirty days (30) days after the
date of receipt by CITY of correctly completed Invoice in accordance with the previsions of this
paragraph, and shall be for actual expenditures incurred by SUBGRANTEE in accordance with
Exhibit B. Payments shall be made after receipt and verification of actual expenditures Incurred by
SUB -GRANTEE in the furtherance of this Agreement and shall be documented to CRY on a
monthly basis by the tenth (10th) day of the month following the month of said expenditures In an
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invoice. The invoice shall be in a form and in such detail as acceptable to CITY.
SUB -GRANTEE shall submit Invoices to Claudia Cancer. City of Fresno Housing Manager, at
Claudia Cacares onfresnogov
B. Changes to fine items in the budget set forth in Exhibit B, attached hereto may
be made with the prior written approval of CITY. Said budget line Item changes shall not result in any
change to the maximum compensation amount payable to SUB -GRANTEE, as slated herein.
C Any Compensation not consumed by expenditures of SUB -GRANTEE by the
expiration or nomination date of this Agreement shall be immediately repaid to CITY.
0. CITY shall not be obligated to make any payments under this Agreement IF the
request for payment Is received by CITY more than sixty (80) days after the date of termination of this
Agreement or the date of expiration of Nis Agreement, whichever occurs first.
E, CITY's failure to inform SUB -GRANTEE of any reporting re iulements shall not
relleveSUB-GRANTEE of compliance with any HPRP reporting requirements.
F- The following -Required Expenditure and Program Progress Threshold" criteria
have been established to guide the SUB -GRANTEE in structuring and scheduling their expenditure
of. funds and program progress to determine performance beginning September 30, 2009 and each
September thereafter.
Milestone Bates l Quarters Minimum Re0uired Threshold
October, November, December 20% of Contracted Amount I Program Goals
I s quarter
January. February; March 50% of Contracted Amount l Program Goals
2° quarter
Agent , May, June 80% of Contracted Amount I Program Goals
3.4 quarter
July, August, September 100% of Contracted Amount l Program Goals
4'" quarter
S. INDEPENDENT CONTRACTOR
In performance of the work, duties, and obligations assumed by SUB -GRANTEE under this
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Agreement it Is mutually understood and agreed that SUB -GRANTEE, Including any and all of SUB-
GRANTEE's officers, agents, and employees, will at all times be acting and performing as an
independent contractor, and shall act in an independent capacity and not as an officer, agent,
Servant, employee, joint venturer, partner. Or associate of CITY. Furthermore, CITY shall have no
right t0 control, supervise or direct the manner or method by which SUB -GRANTEE shall perform As
work and function. However, CITY shall retain the right to administer this Agreement so as to verify
that SUB -GRANTEE Is performing its obligations in accordance with the terms and condlti0ns hereof.
SUB -GRANTEE and CITY shall comply with all applicable provisions of law and the rules and
regulations, if any, of governmental authorities having jurisdiction Over matters which are directly or
indirectly the subject of this Agreement.
Because of its status as an Independent contractor. SUB -GRANTEE shall have absolutely no
fight to employment rights and benefits available to CITY employees. SUB -GRANTEE shall be solely
fable and responsible for providing to, Or On behalf of Its employees all legally -required employee
benefits. In addition, SUB -GRANTEE shall be solely responsible and hold CITY harmless from all
matters relating to payment of SUB -GRANTEES employees, including compliance with Social
Security, withholding, and 011 other regulations governing such matters. Itis acknowledged that
during the term of this Agreement, SUB -GRANTEE may be providing services to others unrelated to
CITY or to this Agreement
6. MODIFICATION
This Agreement may be modified from time to time by Ne written consent of all the pafiies_
Notwithstanding the foregoing, where It is dammmined by CITY that there is a need to make any
changes in Me project, fiscal procedures and systems, or the temmsand conditions of this Agreement,
refusal by SUB -GRANTEE to accept the change Is grounds for termination of this Agreement. Any
such change shall be Incorporated by written amendments to this Agreement and shall be approved
by the Fresno City Council.
T. NON -ASSIGNMENT
Neither party shall assign or transfer this Agreement nor their fights or dufies under this
Agreement without the prior written consent of the other party.
-5- G'ry UP FRESNU
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2 8. INDEMNIFICATION
3 To the furthest extent allowed by law, SUB -GRANTEE shall indemnity, hold harmless and
4 defend COY and each of Its officers, officials, employees, agents and authorized volunteers from any
5 and all loss, Ilablllty, fines, penalties, forfeitures, casts and damages (whether in contract, tad or strict
6 Ilablllty. Including but not limited to personal Injury, death at any time and property damage(, and from
7 any and all claims, demands and actions in law or equity (Including reasonable attorneys fees and
8 litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful
9 misconduct of SUB=GRANTEE, its principals, officers, employees, agents or authorized volunteers in
10 the performance of this Agreement.
11 If SUB -GRANTEE should subcontract all or any portion of the services to be performed under
12 this Agreement SUB -GRANTEE shall require each subcontractor to indemnity, hold harmless and
13 defend CITY and each of Its officers, officials, employees, agents and authorized volunteers In
14 accordance with the terms of the preceding paragraph.
t5 This section shall survive lamination or expiration of this Agreement.
16 9. INSURANCE
17 A. Throughout the life of this Agreement, SUB -GRANTEE shall pay for and
18 maintain In full force and effect all insurance as required in Exhibit C or as may be aumcall in
19 writing by CIMS Risk Manager or his/her designee at any time and in his/her sole discretion.
20 B. If at any time during Ne life of the Agreement or any extension, SUB -GRANTEE
21 of any of its subcontractors fall to maintain any required insurance in full farce and effect, all services
22 and work under this Agreement shall be discontinued immediately, and all payments due or that
23 become due to SUB -GRANTEE shall be withheld until notice is received by CITY that the required
24 Insurance has been restored to full force and effect and that the premiums therefore have been paid
25 for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient
26 Cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this section shall in
27 any way relieve SUB -GRANTEE of its responsibilities under this Agreement The phrase 'fail to
28 maintain any required insurance' mail Include, without limitation, notification received by CITY that an
6- (]TY.OF FRESNO
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I Insurer has commenced proceedings, or has had proceedings commenrred against it, Indicating that
2 the Insurer is insolvent.
3 C_ The fact that insurance is obtained by SUBGRANTEEshall not be deemed to
4 release or diminish the liability of SUB -GRANTEE, Including, without limitation, liability under the
.5 indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and
6 liability regardless of whether any insurance policies are applicable. The policy limits do net act as a
7 limitation upon the amount of Indemnification to be provided by SUB -GRANTEE Approval or
8 purchase of any insurance contracts or policies shall in no way relieve from liability nor emit the liability
9 of SUB -GRANTEE, its principals, officers. agents, employees, persons under the supervision of Sl
10 GRANTEE, vendors, suppliers. invitees, consultants, sub -consultants, subcontractors, or anyone
It employed directly or indirectly by any of them.
12 D, Upon request of CITY, SUB -GRANTEE shall immetliately furnish CITY with a
13 complete copy of any Insurance policy required under this Agreement, including all endorsements,
14 with said copy redirect by the underwriter to be a true and correct copy of the original policy. This
15 requirement shall survive expiration or termination of this Agreement.
16 E. If SUBGRANTEEshould subcontract all or any portion of the services to be
17 performed under this Agreement. SUBGRANTEEshall require each subcontractor to provide
18Insurance protection in favor of CITY and each of its officers, officials, employees. agents and
19 aulharlaed volunteers in accordance with the terms of this section, except that any required certificates
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and applicable endorsements shall be on file with SUB -GRANTEE and CITY poor to me'
Commencement of any services by the subcontractor"
10. PUBLIC INFORMATION
SUB -GRANTEE shall disclose CITY', the County of Fresno, and the U.S, Department of
Housing and Urban Development (HUD) as a funding source in all public Information.
11.
POLITICAL
RELIGIOUS AND LOBBYING ACTIVITY PROHIBITED.
A. None
of the funds or services provided directly or indirectly
under
this.
Agreement shall be used for any political activity, lobbying, or propaganda purposes designed W
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support or defeat legislation pending before any legislative body, the Congress of the United States or
the Legislature of the State of California or to (umber the election or defeat of any ballol measure or
candidate for public office.
B. None of Ne funds or services provided directly or Indirectly under this
Agreement shall the used for any religious activity, including but not limited to religious worship,.
instruction, or proselytlealion, or to purchase religious materials.
C. SUBGRANTEEshall not require those Individuals or entities receiving the funds
or services. in whole or In pad, by this Agreement to attend or take part in any religious activities.
Furthermore, SUBGRANTEE shall take reasonable steps to insure that functions or activities funded
herein are separate In time or in location from functions or activities that are inherently religious, such
as religious woos ip, Instruction. or proselytization.
12. SUPPLEMENTAL SOURCES
SUBGRANTEEshall not use any funds under this Agreement to the extent that there are any
other existing or contemplated funds available to SUB -GRANTEE to be expended for Ne same
services covered by this Agreement SUB -GRANTEE shall provide wntlen collocation and
explanation to CITY of any funds received from another source to conduct thesame services covered
by this Agreement within five (5) days of me receipt of such funds. Upon confirmation that Si
GRANTEE has received funds from any other source to conduct the same services covered by this
Agreement, CITY shall have the fight to reduce its payment amount accordingly.
13. COMPLIANCE WITH APPLICABLE LAWS
SUB,GRANTFE shall comply with all rales and regulations established pursuant to the
Homeless Prevention and Rapid Re -Housing Program under This XII of Me Federal American
Recovery and Reinvestment Act of 2009. SUB -GRANTEE must also comply with all applicable fair
housing and civil rights requirements in 24 CFR 5.105(a).
SUBGRANTEEand any subcontractors shell comply with all applicable local, Stele, Federal
laws, ordinances. regulations and Fresno City Municipal Code provisions applicable to the
performance of services,
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A. Record Establishment and Membranes,
SUB -GRANTEE shall establish and maintain records In accordance with those
requirements prescribed by CIN, with respect to all matters covered by this Agreement SUB
GRANTEE shall retain all fiscal books, account records, and confidential client files for services
performed under this Agreement for at least five (5) years imm the data of the final payment under
this Agreement or bell all State and Federal audits are completed for that fiscal year, whichever is
later- Pursuant to State and Federal law, It is Me Intent of the parties to this Agreement that the SUB-
GRANTEE shall be reimbursed for actual costs Incurred In the performance of this Agreement not to
exceed the confrsct maximum but that no profit is to device to the SUBGRANTEE on account of
such muderiance.
B. Activity and Progress Rebates
SUB -GRANTEE shall submit to CITY by the tang, (IOn)of each month, an activity report for
the previous month as described by the CITY, but it shall include but not limited to, a program
progress narrative, icb creation I retained by these funds, program performance Including the
number of unduplicated persons and households served, their status, type of housing services
provided, financial Information regarding funds expended in the prior month. including total
expenditures made to date, reporting completed through HMIS, status of HMIS data input SUB-
GRANTEE shall also furnish to CITY such statements receipts, reports, data, support documentation
and other Information as CITY may request pertaining to matters covered by this Agreement Said
support documentation must indicate the line from budget account number to which the cost is
charged In the event that SUB -GRANTEE falls to provide such reports or other information required
hereunder. It shall be deemed sufficient cause for CITY to withheld monthly payments until there is
compliance The monthly activity report shall be in a farm and in such detail as prescribed and
acceptable to CITY's City Manager or designee.
C Single Audit& Federal Common Rule Audit Requirements
1) If SUB -GRANTEE expends Five Hundred Thousand Bolles ($500,000)
or mare In Federal and Federal flow-through monies, SUB -GRANTEE agrees to conduct an annual
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audit in accordance With the requirements of the Single Audit Standards as set forth in Office of
Management and Budget (OMB) Circular A-122 and A-133. SUB -GRANTEE shall submit said audit
and management letter to CITY. The audit must include a statement of finings or a statement that
there were no findings. If there were negative findings, SUB -GRANTEE must Include a corrective
action plan signed by an authorized Individual. SUB -GRANTEE agrees to take action to correct any
material non-compliance or weakness found as a result of such audit. Such audit shall be delivered
to CITY, for review Within three (3) months of the end of any fiscal year in which funds were
expended and/or received for the program. Failure to perform the requisite audit functions as
required by this Agreement may result In CITY performing the necessary audit tasks, or al CITY's
option, contracting with a public accountant to perform said audit, and may result in the Inability of
CITY to enter into future agreements with SUB -GRANTEE. All audit costs related to this Agreement
are the sole responsibility, of SUB -GRANTEE. Audit work performed by CITY under this paragraph
shall be billed to SUB -GRANTEE at CITY cost, as determined by CITY.
2) A single audit report Is not applicable if all SUB -GRANTEE Federal
contracts do not exceed the Five Hundred Thousand Dollars ($500,000) requirement. If a single audit
Is rot applicable, a program audit must be performed and a program audit repos with management
letter Isbell be submitted by SUBGRANTEEto CITY as a minimum requirement to attest to SUB-
GRANTEE a
UB-
GRANTEE'a solvency. Said audit report shall be salivated to CITY for review no later than three (3)
months after the close of the fiscal year in which the funds supplied through this Agreement are
expended. Failure to comply with this Act may result in CITY performing the necessary audit lasks or
contracting with a qualified accountant to perform said audit. All autlit costs related to this Agreement
are the sole responsibility of SUB -GRANTEE. SUB -GRANTEE agrees to take come Live action to
eliminate any material noncompliance or weakness found as a result of such audit Audit Work
performed by CITY under this paragraph shall be billed to SUB -GRANTEE at CITY cost, as
deferrnined by CITY.
3) SUB -GRANTEE shall make available all records and accounts for
inspection by CITY, the State of California, Vie Comptroller Genesi of the United Stites, the Fou l
Grantor Agency, or any of their duly authorized representatives, at all reasonable times for a period of
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at least five (5) years following final payment under this Agreement or the closure of all other pending
matters, whichever is later.
15. HPRP Eligibility and Reaching Requirements
A SUB -GRANTEE Is required to participate In the Fresno Madera Continuum of
Care (FMCoC). Participation is defined as attendance at a minimum of 75% of all FMCbC Director's
meetings.
B. CITY'S. failure to inform SUB -GRANTEE that HPRP funds are provided under
this Agreement or of any reporting requirements shall not relieve SUB -GRANTEE of compliance with
any HPRP eligibility and reporting requirements. SUB -GRANTEE agrees, in accordance with the
requirements of the HPRP Program, that ALL beneficiaries of SUB-GRANTEE's activities provided
under this Agreement must meet the following minimum criteria:
1) Any individual or family provided with financial assistance through HPRP
Must have at least an initial consultation with a case manager or other aWhoFIzed representative who
can determine the appropriate type of assistance to meet their needs.
2 The household annual Income must be at or below 50% of the Annual
Area Median Income AMI) as referenced in Exhibit E, Incorporated herein by reference and made
pad of this Agreement. The AMI may change on a yearly basis and SUB -GRANTEE is required to
use the most recent version as provided by CITY.
3) The household must be either homeless or at risk of losing its housing
and meet both the following circumstances. (1) no appropriate subsequent housing options have
been identified: AND (2) the household lacks the financial resources and support networks needed to
obtain immediate housing or remain In its existing housing.
C. For assistance under the Rapid ReHousingcategory, persons who are
homeless according the definition provided under the Department of Housing and Urban
Development (HUD), meet the minimum requirements aforementioned AND meet one of the following
criteria are eligible under the rapid re -housing portion of HPRP
1) Sleeping In an emergency shelter;
2) Sleeping in a place not meant for human habitation, such as cars, parks,
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abandoned Wildings, streets/sidewalks,
3) Staying in a hospital or other institution for up to 180 days but was
sleeping In an emergency shelter or other place not meant for human Inititation Immediately prior to
entry into the hospital or institution',
4) Graduating from, or timing out of a transitional housing program, and
5) Victims of domestic violence.
SUB -GRANTEE Is expected to meet all other HPRP requirements including providing an intake and
assessment of all clients. Completion of this assessment which may review risk factors being
homeless or becoming homeless and barriers to housing will assist the SU&GRANTEE In Identifying
the appropriate level of financial assistance, if any, and Ne appropriate mix of supportive services. No
household may reoelve HERE financial assistance unless they have been assessed by a case
pager or other authorized representative to determine the appropriate type of assistance
SUR -GRANTEE will be expected to utilize a risk assessment and targeting tool which shall be
designed prior to program Implementation. This tool will be used to assess potential clients for
eligibility and to help detenuine. the appropriate level of service. This Instrument is being designed
with input from both jurisdictional staff and service providers and may be «mtlhetl locally to account
for specific local targeting priorities. This tool may be adjusted during the course of the contract period
and SUB -GRANTEE will be expected to implement any modifications made to Ne tool during the
course of the contract within the context of the program.
Providers will also be required to verily client household income, using the income verification
requirements and practices as provided by the CITY.
Once the client household has been assessed, SUB -GRANTEE will work with the client to develop
an appropriate housing and income stability plan. The plan will identify steps Met the household will
lake to secure or stabilize their housing situation, ensure that household costs are covered with a
combination of Income and services for which the household may be eligible (such as food benefts.
training andlor employment services and subsidized child care), reduce the Impact of utilities on the
households budget, and other steps necessary to help the household achieve stable housing after
their participation In the program concludes.
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For the HPRP program, assessment and housing plan development are considered case
management services. SUB -GRANTEE will be responsible for authorizing HPRP financial assistance
for eligible households and issuing payment to landlords, utility companies and possibly other third
party vendors such as hole/motels and storage or moving companies.
Based on the assessment of the household's needs, SUB -GRANTEE may authorize a number of
fortes of financial assistance. Financial assistance may include;
Rent arrears payments (up to 6 months)
• Security deposit payments
• Moving costs (aig. moving company, shod term storage of up to three months)
• Short lens rental assistance (up to 3 months)
Medium term rental assistance (41018 months)
• Utility arrears payment (up b 6 months)
Utility deposits
• Utility payment assistance (up to 16 months)
• Hotel/Motel vouchers for up to 30 days, if no appropriate shelter beds are available and
subsequent rental housing has been identified but is not Immediately available for move in by
the program participants.
Rental assistance provided may not exceed rental costs accrued over the assistance period h e.
shor4leon rental assistance may not exceed rental costs accrued over a period of months), and
rents must meet the HUD standard of rent reasonableness. Rental assistance payments may not be
approved on behalf of eligible individuals or families for the same period of time and for the same cost
types that are being provided under another federal, state or local housing subsidy program. Mortgage
assistance is specifically excluded No assistance can be provided to any program participant for
ore Nan 10 months total.
SUB -GRANTEE must certify eligibility al least once every 3 months for all program
participants receiving medium term rental assistance (418 months).
Use other resources first: The SUB -GRANTEE will be expected to ensure that other
sources are tapped prior to committing HPRP funds for financial assistance.
116. Minimum Data Collection Requirements
A. SUB -GRANTEE is required to collect and report Giant -level data In a database
comparable b the loll HM IS am by the Fresno Housing Authorities of me City and County, of Fresno
through a MOU with the Fresno Madera Continuum of Care (FMCOG) or a data base that complies
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with any special requirements which may developed by HUD for legal serNces or Domestic Violence
providers. Recoding In a
database comparable to HMIS is a requirement of HPRP funding. The
comparable database well
be mainleined by the SUBGRANTEEand used to collect data and repos
on outputs and outcomes as required by HUD. SUB -GRANTEE is required to enter all client ]slakes,
provide regular updates and
exit all clients once services are completed.
At a
minimum, SUB -GRANTEE must enter the following information in the
comparable database for federal reporting purposes.
1).
Name
2)
Social Security Number
3)
Date of Birth
4)
Race
5)
Ethnichy
b)
Gentler
l)
Veteran Status
8)
Disabling Condition
g)
Residence Prior to Program Entry
10)
Zip Code of Last Permanent Address
11)
Housing Status
12)
Program Entry Date
13)
Program Exit Date -
14)
Personal Identification Number
15)
Household Identification Number
16)
Income and Sources
1])
Non -Gasp Barrel
18)
Destination (where diem will stay upon exit)
19)
Financial Services Provided
20)
Housing Relocation & Stabilization Serocas Provided
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ATV shall provide full refunding requirements as required by HUD under separate documentation for
Il providers.
IF SUB -GRANTEE Is a legal services or domestic violence provider and requires chant -level
information to remain confidential, and May will establish a comparable client -level database
Internally to Its organization (UP no Idanfifying data shared With the HMIS or the CITY and will
provide only aggregate data to the CITY as required. SUB -GRANTEE'S will work with the HMIS
administering agency, as an agent of the HvIl to determine that the alternative database meets
the standards for a comparable client -level database, including compliance with the HMIS Data and
Technical Standards which are acceptable to HUD and the CITY.
B. All data elements specified above must be recorded about each HPRP program
in the HMIS and the fields needed to correctly generate the HPRP performance reports are required
to be collected In me comparable database.
17. Condescendingly
All services performed by SUB -GRANTEE Under Mis Agreement shall be in strict
conformation with all applicable Federal, State of California and/or local laws and regulations relating
to confidentiality, Including but not ltmlted to, California Welfare and Institutions Code section 10850,
California Business and Professions Code Section 6068 and California Attorney Rules. of
Professional Conduct 3-100.
SUB -GRANTEE will ensure the confidentially of all records pertalning to any individual
provided assistance and that the address of location of any assisted housing will not be made public,
except to the. extend that the pmhibiticn contradicts a preexisting privacy policy of the CITY.
10. Documentation
A, Service Documentation
SUB -GRANTEE agrees to maintain records to verify services under this Agreement
Including names and addresses of clients served the date of service, and a description of services
provided on each occasion in accordance with paragraph 15M) of this Agreement. These records
and any other SUB -GRANTEE document Pendell In whole or part to this Agreement, shall be
clearly identified and readily accessible to. CITY or any other State or Federal agency performing a
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lawful audit or inspection of SUB -GRANTEE'S and/or Its services. In all other respects such records
shall be. held by SUB -GRANTEE In conformance with all applicable Federal, State of California
and/or local laws and regulations relating to confidentiality.
B. Cost Documentation
1) SUB -GRANTEE shall establish accounting and bookkeeping
procedures, in accordance with standard accounting and bookkeeping practices. including but not
limited to, employee time cards, payrolls. invoices, vouchers, orders, and other records of all
transactions to be paid with HPRP funds in accordance with the performance of this Agreement.
2) SUB -GRANTEE shall cooperate fully with CITY, State and Federal
agencies, which shall have the right to monitor and audit all work performed under this Agreement.
3) CITY shall notify SUB -GRANTEE In writing within thirty (30) days of any
potential State or Federal exception discovered during an examination. Where findings indicate that
program requirements are not being met and State and Federal participation In this program may be
Impel failure td make the corrections by SUB -GRANTEE within thirty (30) days of written
notification by CRY that corrections are needed, will justify terminas n of said Agreement in
accordance with Paragraph 3.B of this Agreement.
4) SUB -GRANTEE shall also agree to orr site monitoring and personal
interviews of any program participants, or any of SUB-GRANTEE's staff and employees, by
appropriate CITY staff on at least quarterly basis.
19. - EQUIPMENT
A. All items purchased with funds provincial under this Agreement or which are
furnished to SUBGRANTEEwhich have a single unit cast in excess of Five Thousand Dollars
($5,00000) Including sales tax and have a useful life of more than one (1) year shall be considered
capital equipment. Tire to all Items of capital equipment purchased shall vest and will remain vested
in the City of Fresno SUB -GRANTEE further agrees to the following:
1) To maintain all items of capital equipment In good working order and
mondlfion, normal wear and tear excepted', and
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2) To label all items of capital equipment, perform periodic inventories as
required by CITY and to maintain an Inventory list showing where and how the capital equipment is
being used, In accordance with procedures developed by CITY. All such lists shall be submitted to
CITY within ton (10) days of any request therefore) and
3) To report In writing to CITY immediately after discovery, the loss or theft
of any Items of cap9al equipment. For stolen items, the local law enforcement agency most be
contacted and a copy of rhe police region submitted to CITY -
B. The purchase of any capital equipment by SUB -GRANTEE shall require the
prior written approval of CITY, and must be appropriate and directly related to SUB-GRANTEE's
service or activity under the terms of the Agreement. No capital equipment shall be purchased dining
the fourth (41") or last quarter of each tens of this Agreement. CITY may refuse reimbursement for
any costs resulting tram capital equipment purchased, which are inured by SUB -GRANTEE if prior
written approval has not been obtained from CITY.
20. SUBCONTRACTS
If SUB GRANTEE should propose to subcontract with one (1) or mora I padles to
[arty out a portion of those services described in paragraph one (1) of this Agreement insofar as it
deems proper or efficient any such subcontract shall be In writing and approved as to form and
content by C ITY prior to execution and implementation Any such subcontract together with all other
activities pertormed, or caused by SUB GRANTEE, shall not allow compensation greater than the
total protect budget cdamened in Exhibit B. attached hereto, for the services described herein. An
executed copy of any such subcontract shall be received by CITY before any Implementation and
shall be retained by CITY.
SUB -GRANTEE shall be responsible to CITY for the proper performance of any
subcontract- Any subcontractor shall be subject to all of the same terms and conditions that SUB-
GRANTEE Is subject to under this Agreement. No owner, partner, afficeq or director of SUB-
GRANTEE shall have any direct monetary interest in any subcontract made by SUB GRANTEE A
direct monetary interest contrary to this Paragraph shall be deemed to exist if an owner, pander,
officer, or director of SUB -GRANTEE also an owner, officer, or director of a carpor-ation, association,
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or partnership subcontracting with SUS -GRANTEE
21. CONFLICT OF INTEREST
No officer, employee, or agent of CITY who exercises any function or responsibility for
planning and carrying out of the services provided under Nis Agreement shall have any direct or
indirect personal financial interest in this Agreement. SUB -GRANTEE shall comply with all coa 1,
State. and local conflict of interest laws, statutes, and regulations, which shall be applicable to all
tables and beneficiaries under this Agreement and any officer, employee, or agent of CITY.
21. NON-DISCRIMINATION
During the performance of this Agreement SUBGRANTEEshall not unlawfully
discriminate against any employee or applicant for employment, or recipient of services, because of
race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status,
age or sex, pursuant to all applicable State and Foal statutes and regulations.
SUBGRANTEEshall prepareand make available to CITY'a City Manager and to the
public all eligibility requirements to participate In the program plan set forth In said Exhibit A, attached
harem.
Ilan allegation of disenmmarfion occurs, CITY may withhold all further funds until SUB-
GRANTEE can show by clear and convincing evidence to the satisfaction of CITY that funds provided
under this Agreement were not used In connection with the alleged discrimination,
23. DISCHARGE COORDINATION POLICY
SUB -GRANTEE must develop and implement, to the maximum extent practicable and where
appropriate, policies and protocols for the discharge of persons from publicly funded institutions or
systems of care (such as health care malities, faster care or other youth br ipes, or correctional
programs and Institutions), in order to prevent such discharge from immediately resulting in
homelessness for such persons. as applicable.
24. EVALUATION
CITY shall monitor and evaluate the performance of SUB -GRANTEE under this Agreement to
determine to the best possible degree the success or failure of the services provided under this
Agreement and the adequacy of the program plan identified In Paragraph One (1) and Exhibit A of
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this Agreement SUB -GRANTEE shall at any time during business hours, and asoften as CITY
deems necessary, make available for examination, inspection, audit or copying all books and records,
pertaining to the goods and services furnished under the terms of this Agreement for Ne purpose of
and not limited to anchormed review for fiscal and program audits.
25. NEPOTISM
Except by written consent of CITY, no person shall be employed by SUB -GRANTEE who is
related by blood or marriage to any member of the Board of Directors or any officer of SUB-
GRANTEE.
26. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
A. CITY and SUB -GRANTEE recognize that Federal assistance funds are being
used under the terms of this Agreement For purposes of this paragraph, SUB -GRANTEE will be
referred to as the 'prospective recipient".
B. This certification is required by the regulations implementing Executive Order
12549, Debarment and Suspension, 29 Code of Federal Regulations CFR) Pan 98, section 98.510,
ParticipantsResponsibilities.
1) The prospective recpient of Federal assistants funds cofffiee by
entering this Agreement, that neither it nor Its principals are presently debarred, suspended.
proposed for debarment, declared ineligible. or voluntarily excluded tram participation In this
tmnsactbn by any Federal department or agency.
2) The prospective recipient of Funds agrees by entering this Agreement,
that It shall not knowingly enter into any lower tier covered transaction with a person who is debarred
suspended, declared ineligible, or voluntenly excluded from participation in this covered transaction,
unless authoraed by the Federal department or agency with which this Uansedicn originated.
3) Where the prospective recipient of Federal assistance funds is unable to
certify to any of the statements In this certification, such prospective particia l shall attach an
explanation to this Agreement.
4) The prospective recipient shall provide Immediate written nofice to CITY
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If al any time prospective recipient learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
5) The prospective recipient further agrees that by entering Into this
Agreement, it will include a clause identical to this section entitled "Certification Regarding
Debarment, Susperrsen, Ineligibility and Voluntary ExclusionLowerTier Covered Trdnactions', in
all lower tier covered transactions and In all solicitations for lower Liar covered transactions.
B) The contraction In this section of this Agreement Is a material
representation of fact upon which CITY relied In entering into this Agreement.
27. LIMITED ENGLISH PROFICIENCY
SUB -GRANTEE shall provide. interpreting and translation services to persons participating In
SUSuGRANTEE'a serves that have limited or no English language proficiency, Including services to
persons Who are deaf or blind. Interpreter and translation services shall be provided as necessary to
allow such par icipants meaningful access to the programs, services and benefits provided by SUB-
GRANTEE. Interpreter and Translation services, including translation of SUB-GRANTEE's'vital"
documents (those documents that domain information Nal is critical for accessing SUB -GRANTEE'S
services or are required by law) shall be provided to participants at no cost to the participant SUB-
GRANTEE shall ensure that any employees, agents, subcontractors, or partners who Interpret or
translate for a program participant, or Who directly communicate with a program peroarrant in a
language other than Easier demonstrate proficiency In the participant's language and an effectively
communicate any specialized terns and concepts peculiar to SUB -GRANTEE'S services.
20. AUDITS AND INSPECTIONS
SUB -GRANTEE shall at any time during business hours, and as often as CITY may deem
necessary, make available to CITY for examination all of its records and data with respect to the
matters covered by this Agreement SUB -GRANTEE strap, upon request by CITY, permit CITY to
audit and inspect all such records and data necessary to ensure SUB-GRANTEE's compliance. with
the terns of [his Agreement.
If this Agreement exceeds Ten Thousand and Nol10o Dollars ($10,000.00), SUB -GRANTEE
sh01I be subject to the examination and audit of the Brute Auditor General for a period of three (3)
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years after final payment under contract (California Government Code section 6546.]).
29, NOTICES
The persons having authority to give and receive notices under this Agreement and their address"
include the fallowing:
CITY SUBGRANTEE
Housing and Community Angels of Grace, Inc.
Development Manager 1350 Van Ness Fresno
City of Fresno Fresno, California 93721
2600 Fresno Street, Room 3G70
Fresno, California 93721
Any and all notices between CITY and SUBGRANTEEprovided for or permitted under this
Agreement or bylaw shall be In writing and shall be deemed duly served when personally delivered
to one of the parlies, or in lieu of such personal service, when deposited in the United States Mall,
postage prepaid addressed to such party.
30. GOVERNING LAW
The parties agree that for the purposes of venue, performance under this Agreement is to be
the County of Fresno, California.
The rights and obligations of the pates and all Interpretation and performance of this
Agreement shall be governed In all respects by the laws of the State of Califomia.
31. ENTIRE AGREEMENT
Tic Agreement including all exhibits, CITY's JOINT CIT 11CGUNTY Revised RFP and SUB-
GRANTEE's response thereto, constitutes the entire agreement between SUB -GRANTEE and CITY
with respect to the subject matter hereof and supersedes all previous agreement negotiations,
proposals, commitments, writil advertisements. publications and understandings of any nature
whatsoever unless expressly included in this Agreement.
-L- QIY O£FRESNO
Frt�m,CA
IN WITNESS WHEREOF, the partlee hereto have executed this Agreement as of the Effective Date.
City of Fresno
2000 Fresno Street, 2nd Floor
Fresno California 93721
Andrew T. Souza
City Manager
lose E. Klisch
Clerk
Date 9/36/ay
APPROVED AS TO FORM,
James C. Sanchez
City Attorney
ey;n 9 -;o -OF
em
xXxxxx Date
Title
Angels of Grace, Inc
1350 Van Ness Fresno
Fresno, California, 93721
By: o
Prinl Name �--1 t LNfSrti7
Title: _Ce[)- 1DJrCc_4z(—
Attachments EXHBITX SCOPEOFWORK
EXHBITB BUDGET
EXHBIT C: INSURANCE REOUIREMENrS
EXHBIT O:
Copy of HUD HPRP Docket No. FR -5307-N-01 8
Copy of HUD HPRP Docket No. FR -5307-N-02
12 ='CIPMul
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